BOARD OF REGISTRATION

FOR PROFESSIONAL ENGINEERS

[Filed October 22, 2025, 11:19 a.m.]

Preproposal statement of inquiry was filed as WSR 25-15-066.

Title of Rule and Other Identifying Information: Chapter 196-09 WAC, Board practices and procedures.

Hearing Location(s): On December 3, 2025, 12:30 p.m., at the Board of Registration for Professional Engineers and Land Surveyors (board) Office, 605 11th Avenue S.E., Suite 201, Olympia, WA 98501; or virtually via WebEx meeting at https://brpels.wa.gov/current-laws-and-rules/rulemaking-activity.

Date of Intended Adoption: December 11, 2025.

Submit Written Comments to: Shanan Gillespie, P.O. Box 9025, Olympia, WA 98507-9025, email Shanan.Gillespie@brpels.wa.gov, beginning November 5, 2025, 7:00 a.m., by December 5, 2025, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Mackenzie Wherrett, phone 360-664-1568, TTY 711, email Mackenzie.Wherrett@brpels.wa.gov, by December 1, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: In WAC 196-09-050, the categories of when a brief adjudicative proceeding (BAP) can be used was expanded to include disciplinary matters where alleged violations are simple and can be proven solely with documentary evidence. WAC 196-09-055 was amended to include the types of records required for a BAP.

Reasons Supporting Proposal: To improve consistency in the disciplinary process while continuing to provide due process and allowing the process to move quickly and fairly for all parties.

Statutory Authority for Adoption: RCW 18.43.035.

Statute Being Implemented: RCW 18.43.105.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Board of registration for professional engineers and land surveyors, governmental.

Name of Agency Personnel Responsible for Drafting: Shanan Gillespie, 605 11th Avenue S.E., Suite 201, Olympia, WA 98501, 360-664-1570; Implementation and Enforcement: Ken Fuller, 605 11th Avenue S.E., Suite 201, Olympia, WA 98501, 360-664-1575.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. The board is not one of the agencies to which RCW 34.05.328 applies pursuant to RCW 34.05.328 (5)(a).

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules adopt, amend, or repeal a procedure, practice, or requirement relating to agency hearings; or a filing or related process requirement for applying to an agency for a license or permit.

Explanation of exemptions: These rules (WAC 196-09-050 and 196-09-055) are exempt per RCW 34.05.310 (4)(b) because the rules relate to internal governmental operations that are not subject to violation by a nongovernment party, and RCW 34.05.310 (4)(g) because the rules relate to agency hearings.

Scope of exemption for rule proposal:

AMENDATORY SECTION(Amending WSR 21-22-092, filed 11/2/21, effective 12/3/21)

WAC 196-09-050Brief adjudicative proceedings.

(1) The board may conduct brief adjudicative proceedings as provided in RCW 34.05.482 through 34.05.494 of the Administrative Procedure Act.

(2) Brief adjudicative proceedings may ((only)) be ((allowed))offered when a respondent challenges the following categories of board decisions:

(a) A denial of application for licensure, including renewal, reinstatement, or denial of eligibility to take examinations;

(b) A finding that a licensee has failed to meet continuing professional development requirements;

(c) A finding that a licensee has violated the terms of a final order or agreed order issued by the board or the board's designee;

(d) A finding that a person has engaged in false, deceptive, or misleading advertising, or engaged in unlicensed practice;

(e) A finding that a professional land surveyor has violated the provisions of the Survey Recording Act, chapter 58.09 RCW and the survey standards, chapter 332-130 WAC;

(f) A finding that a licensee has violated the provisions of chapter 196-23 WAC, Stamping and seals, chapter 196-27A WAC, Rules of professional conduct, or chapter 196-33 WAC, Rules of professional practice for licensees designing on-site wastewater treatment systems.

(3) A brief adjudicative proceeding may be offered only where the violations alleged are simple and can be proven solely with documentary evidence and where no oral testimony or opinion is needed for the presiding officer to make a fully informed decision on the matter.

AMENDATORY SECTION(Amending WSR 21-22-092, filed 11/2/21, effective 12/3/21)

WAC 196-09-055Records required for brief adjudicative proceeding.

The records for the brief adjudicative proceeding may include, but are not limited to:

(1) License related denials and violations of law:

(a) All correspondence, including emails, between the applicant or respondent, complainant, and the board staff regarding an initial determination ((including copies of))such as complaints, requests for information, responses, applications, renewal notice(s), denials, or appeals;

(b) All documents ((received by the board from or on behalf of the applicant, licensee or respondent))or data relating to ((information, payments, or explanations that have been provided to the board))violations or license denials including records from educational institutions, company employment records, attestations by licensees, plans, maps, drawings, recorded documents, contracts, advertisements, letterhead, business cards, invoices, and records from financial institutions;

(d))) All documents relied upon by board staff and case manager or board member in reaching the initial determination;

(((e)))(d) Any other ((information))documentary evidence that may be of assistance to the presiding officer in deciding the case.

(2) Determination of compliance with previously issued board order:

(a) The previously issued final order, default, or ((agreement))agreed order;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the board regarding compliance with the final order, default, or ((agreement))agreed order; and

(d) All documents relied upon by the board staff and case manager showing that the license holder has failed to comply with the previously issued final order, default, or ((agreement))agreed order.